A very progressive conceptIndicates social responsibilityPassed in parliament and was enforced from 19th april 1948To provide certain cash benefitsDuring sickness, maternity, employment injury and medicalfacilitiesContains provisions for certain other matters
Small power house factories employing 10 to 19 personsNon-power using factories employing 20 or morepersons;ShopsHotels and restaurants;Cinemas including preview theatresNewspaper establishments;Road motor transport undertakings employing 20 or morepersonsThe act does not apply to mines, railway running sheds andspecified seasonal factories
The sate government may extend the provisions of the act tocover other establishments like industrial, commercial,agricultural or others in consultation with the employees StateInsurance Corporation (ESIC) and with the approval of theCentral government after giving six months notice of itsintention to do so in the Official Gazette
Its is well to remember that the act deploys the expression“employment” and not “w0rk”.Employee is in the employment even when he is notworking but proceeds towards it or returns to the placeother than his workplace.Thus a man’s employment is neither confined to hisworkplace nor does it end with the ‘tool down’ signal.
Any person employed for wages in or in connectionwith the work of a factory or establishment andWho is directly employed by the principal employerWho is employed by or through an immediate employerWhose services are temporarily lent or let on hire to theprincipal employer under a contract of service;And includes any person employed for wages or anyperson engaged as an apprentice, not being an apprenticeunder the apprentices act,1961.But does not includea. Any member of the indian naval, military or air forces; orb. Any person so employed whose wages exceed prescribed limit
Requires medical treatment and attendance and necessitatesabstention from work on medical groundsThe wages means all remuneration paid or payable whether the‘contract of employment’ was expressed or implied andIncluding wages for authorized leave, lockout, strike(which is notillegal),BUT DOES NOT INCLUDEContribution paid in the pension fund or PF,Travelling allowances/concession or its value. Payments to defrayspecial expenses on employment and gratuity.
THE WORK MEN’S COMPENSATION ACT ORANY OTHER LAW FOR THE TIME BEING IN FORCE OROTHERWISE FROM THE (a) THE EMPLOYER (b) FROM ANY OTHER PERSONTHE BAR IS IRRESPECTIVE OF BENEFITS RECE4IVED UNDERTHE ACT.
Whether the accident has resulted in permanentdisablement;Whether the extent loss of earning capacity can beassessed provisionally or finally ;Whether the assessment of the proportion of theloss of earning capacity is provisional or final; orIn the case of provisional assessment, the period forwhich such assessment is caused shall be determinedby the medical board constituted under the act.
The act invests a right of appealRight of appeal is curtailed and circumstanced in as muchas the act allows appeal only if any question of law isinvolved and the findings of the insurance court cannot bequestioned before high court in appeal.Period of limitation for filing appeal as 60 daysAppeal filed by the ESI corporation, high court is vestedwith powers to grant stay and thereby withold the paymentdirected to be paid under the impugned order.
THE Act treats certain acts of omissions andcommissions as offences and prescribed penalties asunder :-Causing any increase in payment or benefit,Causing any payment or benefit where no payment orbenefit is authorised by or under this act,Avoiding any payment to be made under this act,Enabling any other person to avoid any such payment,Knowingly making or causing to be made false statement orfalse representation.Punishment may exceed for a term of 6 months or finenot exceeding Rs.2000/-or both